Misleading information
31 Misleading information
A person commits an offence if:
(a) the person intentionally gives information to another person (the recipient); and
(b) the information is misleading and the person has knowledge of that circumstance; and
(c) the recipient is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
A person commits an offence if:
the person intentionally gives a document to the recipient; and
(b) the document contains misleading information and the person has knowledge of that circumstance; and
(c) the recipient is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3) It is a defence to a prosecution for an offence against subsection (2) if the person, when giving the document:
(a) draws the misleading aspect of the document to the recipient's attention; and
(b) to the extent to which the person can reasonably do so – gives the recipient the information necessary to remedy the misleading aspect of the document.
In this section:
acting in an official capacity, in relation to a recipient, means the recipient is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
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